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CA sending DV to wrong address what can I do?


hahuhobard
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The Collection agency claims to have sent 8 notices with the latest one in Jan 2008. I send the DV request in 2007, 2008, and now in March 2009. I've included my current address on every letter I sent. I gave them my correct address on the phone as well.

But, when I talked to them last month, I asked them what address they are sending the letters to and they told me the address. The address is where I lived in 2001 and is evidently the address provided by the OC.

The question is...How can I prove I did not receive DV from the CA?

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Do you have copies of your letters and CMRRR receipts? If so, that might help you.

I don't know about everyone else, but I make copies of all the letters I send using the copy machine at the post office. I set the copy machine to legal size and put both the letter and the addressed envelope (containing the certified mail label) on the glass. I also note the certified mail tracking number on the letter itself. I hope that combination of things helps prove the contents of my DV letters, not just that the CA received them.

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Yes, I have all that information. Copies of everything. I think you misunderstood or I was not clear enough.

My concern is this. Oxford, the collection agency, sais they sent me a Debt Validation letter. I never received any letter from them...ever. When I have spoken with them on the phone, they have revealed that everything they have sent has been to an address that I lived at in 2001. So I don't get it.

But, suppose I sue them and they show up in court and say they sent it to my current address. It is my word against theirs.

I am thinking about calling them, recording the call and hopefully they will tell me again what address they are using. Since I have sent my current address numerous times....

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Yes, I have all that information. Copies of everything. I think you misunderstood or I was not clear enough.

My concern is this. Oxford, the collection agency, sais they sent me a Debt Validation letter. I never received any letter from them...ever. When I have spoken with them on the phone, they have revealed that everything they have sent has been to an address that I lived at in 2001. So I don't get it.

But, suppose I sue them and they show up in court and say they sent it to my current address. It is my word against theirs.

I am thinking about calling them, recording the call and hopefully they will tell me again what address they are using. Since I have sent my current address numerous times....

IF they do decided to sue over the debt..

you need to copy your address, ID with current address, bills ect with the right address,( going back as far as you can) and photocopy the envelope with the CA name address and YOUR address on it with your return address clearly on the envelope.( best with your certified sticker on it,,) take that and your CMRRRs, no judge should rule against it.. you do need to file it with the court if they sue, ohh you can try asking the post office for proof of change of address to.

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Thank you for the feedback. Great stuff.

I didn't make copies of the envelope when I sent it but I will send them another letter and make sure I do. Fortunately, I use a postage service from home for my business and I created the shipping label using that service so I can re-print the label which clearly shows my return address. And...I may still have the change of address form from my last move. The truth is, I've moved 4 times since 2001; 2 of them because of my work.

Also good is I think the SOL is in effect so I do not believe they can sue me. But It does seem like I am going to have to sue them...lol.

thanks again.

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Thank you for the feedback. Great stuff.

I didn't make copies of the envelope when I sent it but I will send them another letter and make sure I do. Fortunately, I use a postage service from home for my business and I created the shipping label using that service so I can re-print the label which clearly shows my return address. And...I may still have the change of address form from my last move. The truth is, I've moved 4 times since 2001; 2 of them because of my work.

Also good is I think the SOL is in effect so I do not believe they can sue me. But It does seem like I am going to have to sue them...lol.

thanks again.

your welcome, try to get all of them,( COA) and letters from each address , shows a good timeline.

In court yesterday , A Defendant was being sued for a CC debt, she just said, I never lived there,,the CC agreement wasnt even signed, & what they did send you couldnt read. ( smart defendant DV'd right away :) ) what Defendant failed to do,,, put it in writing..judge set- aside for Defendant to do that ( even though they where late in replying) and plainly told Defendant,, IF they had brought in Proof of Address( and statement says they never lived at X , and filed that proof, it would have been dismissed in thier favor..as it would have been Plaintiffs duty to make sure the Proper address was recorded,& confirmed before starting collections.

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